Doctrine of Pleasure

The Doctrine of Pleasure as exists in England means that the Crown (Executive Head) has the power to terminate the services of a civil servant at any time they want without giving any notice of termination to the servant.

Difference between doctrine of pleasure followed in England and in India:

In England: 

    • In England, the Crown is regarded as the Executive head and the civil services are part of the Executive.
    • Thus, the civil servants work at the pleasure of the Crown which can remove them at any time.
    • When the civil servants are removed from their service, they do not have the right to sue the Crown for wrongful termination and they also cannot ask for damages undergone due to wrongful termination.

In India: 

    • In India, as the President of India is the Executive Head of the Union, he has been vested with the power to remove a civil servant at any time under this doctrine.
    • According to Article 310 of the Indian constitution, except for the provisions provided by the Constitution, a civil servant of the Union works at the pleasure of the President and a civil servant under a State works at the pleasure of the Governor of that State.
    • Thus, main difference between India and England is that doctrine of pleasure in India can be limited by constitutional provisions. For example, civil servants in India have been provided with some protection under Article 311.

 

Related articles:

Judicial Doctrines

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